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HomeMy WebLinkAbout09/18/1967CITY COUNCIL ll - TOWN OF LOS ALTOS HILLS l , MINUTES OF A REGUTAR.M&3TING September 18, 1967 Mayor Albert T. Henley called the regular meeting to order at 7:52 P. M. in the Council Chambers of the Town Hall, 26379 Fremont Road, Los Altos Hills, with the following members answering Roll Call: Present: Councilman Aiken, Benson, Davey, Fowle, Mayor Henley. Absent: None. The Planning Commission was represented by Commissioner Wm. A. Perkins. APPROVAL OF MINUTES• MOTION: Councilman Fowle moved, seconded by Councilman Benson that the Minutes of September 7, 1967 be approved as submitted. City Manager read letter from Mr. P. Burchard, 2285 Page Mill Road, dated September 18, 1967, taking exception to a portion of the Minutes of 9/7/67 relating to City Attorney's report on Page 9, Item (a) and submitting alternatives for "exhaustive" means for sanitation. Since Council concurred the Minuteswerecorrect as far as the statement was made, the. Question was called. ll Approval of Minutes passed by unanimous voice vote. CJ Councilman Aiken submitted a written statement noting "that Mr. Burchard's letter mentions that alternatives to both sewers and septic tanks exist." WRITTEN COMMUNICATIONS: 1) Letter from Mr. R. A. Hayler, Deputy District Engineer, Division of Highways, dated September 18, 1967, received after cut-off date and with consent of Council, was read by the City Manager. Mr. Hayler's letter referred to Council's Resolution No, 403 relating to landscaping on Interstate #280 and its effect as a noise suppression barrier, and attaching a chronological list of meetings and discussions with the Council's appointed Committee. The City Manager noted an important point of the Division of Highways that the landscaping problem be considered individually from the noise problem. The revised landscape plans are on file at the Tam Hall. 2) Letter from James W. Walsh, attorney for James J. Garber, Jr., dated September 7, 1967, submitting claim for personal injuries and property damage. Councilman Davey reported that she had observed the accident, but was advised by the City Attorney this would have no effect on her ability to act as a Councilman. MOTION; Councilman Fowle,moved, seconded by Councilman Benson, to reject the claim of James J. Garber, Jr. .v The Motion was carried unanimously by voice vote. WRITTEN CONANNICATIONS continued: r. 3). Letter from Mr. Peter J. Nardini, Santa Clara Count Health Department, dated September 15, 1967, submitting map and copies of the request by the C 1 Town Council concerning the known sewage problems existing within the Town. Council acknowledged receipt of the report and deferred it for father study. 4) Copy of letter fromCity Engineer to Bngr. Gene Mastin dated September 15, 1967 enclosing Map marked "Exhibit A" to boundaries of proposed Assessment District No. 2 as proposed by the McCandless Office in October 1966, which are to be used in the Engineer's report. 5) Letter from Assemblyman Bob Monagan, Twelfth District, dated September 4, 1967, urging support of his amendment AJR 29, memorializing Congress to enact a workable and realistic tax -sharing program in order to make more tax funds available to the State and local governments. The Mayor directed that consideration of AJR 29 be agendaed for the October End meeting. ANNOUNCEMENTS: 1) City Manager announced the General Assembly Meeting of the Association of Bay Area Governments, on Friday, October 13, 1967, 8:45 A. M., at the Hotel Claremont, Berkeley. 2) City Manager announced that California Tomorrow will conduct a one -day conference on "California One State" regarding open space, undergrounding of utilities, etc., on Monday, October 21 1967 8:00 A. M., to be held at the Sheraton -Palace Hotel, San Francisco. Councilman Davey will make every effort to attend. The fee is $25.00 and registration blanks are available at the Town Hall for all interested persons. PUBLIC HEARING ON PURCHASE OF BYRNE PROPERTY - The City Manager briefed the audience as to the status of the Byrne property as to purchase price, terms, restrictions and federal grant application. The City Manager reported that negotiations at present concern the City Attorney and the attorney for The Nature Conservancy to determine the best way for the Town to acquire the property for tax purposes.. Since it will be necessary to have fee title in order to qualify for a federal grant, the feasible approach seems to buy a portion of the property now and take lease/options to buy on the remaining property. Mr. Morse also indicated there are taxes due on this property since The Nature Conservancy neglected to take the property off the tax rolls before April 1st and this matter has to be resolved. The City Attorney also reported on the negotiations. Councilman Davey went on record to say that the Council's decision to pur- chase this property for open space is a major step for the Town, which will be heralded today and for years, and will be of great benefit to this Community and County. Councilman Fowle compared the cost of the alternatives Uof new home sites and services against the asset and contribution of the Town to open space. -2- PUBLIC HEARING ON.BYRNE PROPERTY continueds 8 .., The Mayor opened the Public Hearing. The following residents commented on the purchase of the Byrne property as to size of corridor and cost, the accesses available, whether excess money is being taken to purchase property and possibly neglect roads, concern as to whether Little League property can be purchased as well, and concern whether the entire Town is interested as taxpayers rather than just the citizens at this hearing: Mr. B. M. Breyman, 26055 Newbridge Road Mr. B. A. Breyman, 13456 Nildcrest Drive Mrs. R. L. Jones, Los Altos Hills Association, 10791 Magdalena Road Mrs. B. M. Breyman, 26055 Newbridge Road Mr, D. Spencer, 27490 Sherlock Road The following citizens went on record as being in favor of the purchase: Mrs. D. Miller, 13076 Vista del Valle Court Mr. Thomas H. Marshall, 25560 Altamont Road Mr. A. H. Lachenbruch, 11820 Buena Vista Drive There were no outright objections stated at this Public Hearing. The Mayor closed the Public Hearing. Discussion followed by Council that in lieu of a tax cut, the money is avail- able for the purchase by having the tax rate remain the same 250, that many l open hearings have been held and that the opportunity is now for the purchase and time is short for a vote of the populace; that there is the sincere feeling of the Council that the broad view indicates the purchase, and a duty of the Council to uphold their action. The City Attorney and City Manager were directed to complete the necessary papers for final action with The Nature Conservancy. DISCUSSION OF POLICY FOR MAINTENANCE OF PUBLIC PARKS AND RECREATIONAL, AREAS: City Manager read Staff memo dated September 18th posing questions to assist the Council in discussion of above policy. Following a brief discussion, it was the cpYaids of the Council that the questions should be studied, especially as to the feelings of the Town's people on the use of public land and whether it will be available to non- residents. Mr. Thomas H. Marshall, 25560 Altamont Road, suggested a long range program to consider the eventual transfer of facilities between Palo Alto and Los Altos Hills. The Mayor suggested that it might be well for members of the Council to form a committee and make suggestions in that regard, and directed the Staff to Udefer the matter for such study, with the request that the City Manager develop information as to how open spaces are treated when they are publicly owned, either by State or County. -3- CHAMPAGNE HEIGHTS UNIT #1, TRACT #4116 ACCBPTANCB OF IMPROVEMENTS: %1 City Attorney introduced and read in its entirety Resolution No. 408 a l Resolution of the City Council of the Town of Los Altos Hills accepting certain improvements in Tract #4116. MOTION: Councilman Fowle moved, seconded by Councilman Davey, that Resolution No. 408 be adopted as read. Resolution No. 408 was adopted by the following roll call vote: Ayes: Councilmen Aiken, Benson, Davey, Fowle, Mayor Henley Noes: None Absent: None CONSIDERATION OF NOMINEE TO COUNTY LIBRARY COMMISSION: The Mayor directed this item be re-agendaed for the October 2nd meeting. TOWN HEALTH INSPECTOR - REPORT BY CITY MANAGER: City Manager read Staff memo dated September 18th indicating a District Health Officer position has been created for the North County area, which will be filled by Dr. Mary Riggs, and recommended the Council defer taking further steps to hire a part time sanitary inspector until the Town's problems can be discussed with Dr. Riggs. Council concurred with the recommendation to defer. DISCUSSION AND POSSIBLE ACTION RE: FREEWAY NOISE ABATEMENT{ Councilman Davey reported on meeting held at the Town Hall on September 11, 1967 with representatives of the Division of Highways and citizens, which resulted in revision to the landscaping plan and that it was agreed, while landscaping may help slightly, it will not screen the noise emanating from the source. However, Councilman Davey suggested further action by the formation of a citizens Sound Abatement Committee and to go on record with the State Division of Highways with the following Resolution, which she read in its entirety: Resolution No. 409, a resolution of the City Council of the Town of Los Altos Hills relating to noise emanating from Interstate #280, WHZRBAS, the noise from the Interstate Freeway 4280 has created a profund and disturbing effect on Los Altos Hills, and WHEREAS, numerous residents of the Town are greatly concerned over the impact of this noise on the community, NW, THEREFORE, BE IT RESOLVED, that the City Council of the Town of Los Altos Hills inform the State Division of Highways about this situation and request them to send an acoustical engineer to look into the problem and offer possible solutions to the Town. NATION: Councilman Davey moved, seconded by Councilman Benson, that Resolution No. 409 be adopted as read. DISCUSSION RE: FREEWAY NOISE ABATEMBNT':continued; The City Clerk was instructed to send copies to the Division of Highways, C✓ State Highway Commission and legislative officials. The Mayor asked for comments from the Floor. Messrs. John Cabot (address unknown), Thomas,H. Marshall, 25560 Altamont Road, L. Dawson, 13835 Page Mill Road, Mmes.R. L. Jones, 10791 Magdalena Road and D. Miller, 13076 Vista del Valley Court, spoke on the noise problems and of possible additional aids for relief.thereof. The Question was called and Resolution No. 409 was adopted by the following roll call vote: Ayes: Councilmen Aiken, Benson, Davey, Fowle, Mayor Henley Noes: None Absent: None The Mayor announced he will appoint members to a Sound Abatement Committee. PRESENTATION OF AUDIT FOR 1966-67 FISCAL YEAR: City Manager presented audit for 1966-67 Fiscal year prepared by Uhlenberg & Co., Certified Public Accountants, and read their letter dated September 18th submitting recommendations for improvement in accounting procedures. City Manager called to Council's attention the ' recommendation of engaging a UTown auditor for the 1967-68 Fiscal Year as soon as possible to permit interim auditing necessary to ensure the recommended changes. It was the conclusion of the Council, and the Staff so directed, that "Appointment of Auditor for Ensuing Fiscal Year" be an item ofthe Oct. 2nd Agenda. FORMULATION OF RULES RELATIVE TO MINUTES OF COUNCIL MEETINGS: The Mayor announced there had been a study session on this matter prior to this Council meeting and that he had suggested rules for the preparation of the Minutes to record only the action taken by the Council; however, some Councilmen felt these rules would be too restrictive and a tape recorder as well was suggested for a full verbatim report. Mayor Henley read a written statement proposing these rules, dated September 18, 1967, MOTION: Councilman Benson moved, seconded by Councilman Fowle, approval of the suggested rules for the preparation of Council Minutes, providing the Council could agree to buy a tape recorder to record the Minutes, for an expenditure not to exceed $1,000.00. AM4NDED MOTION: Moved by CC Aiken, accepted by seconder, Councilman Fowle, that the mover adopt a change to include an excerpt from the Administrative Code that "provided further that a record shall be made of the names and addresses of persons addressing the Council, the title of the subject matter to which their remarks related and whether they spoke in support of or in opposition to such matter". -5- t / DISCUSSION ON COUNCIL MINUTES continued: The following residents spoke in regard to taping the Minutes: Mr. L. Dawson, 13835 Page Mill Road, Mr. T. H. Marshall, 25560 Altamont Road, and Mrs. R. L. Jones, 10791 Magdalena Road. The following residents spoke in support of the Minutes as written to date: Mr. D, Spencer, 27490 Sherlock Road, and Mr. We. A. Perkins, 26623 Snell Lane. The Mayor suggested the City Manager prepare an explanation of the agenda. item, which will in effect relate what has gone on before. Councilman Aiken requested that each part of the Motion be voted on separately. Councilman Fowle withdrew his second. MOTION: Councilman Benson moved, seconded by Councilman Fowle, that the Council approve the 'rules for the preparation of Council Minutes as suggested by Mayor Henley and amended by Councilman Aiken. Councilman Aiken read and submitted a written statement as follows: "The Minutes of September 7, 1967 are an excellent example of Minutes I think are proper, Minutes which provide reasons :Cor actions, record items discussed even though no actions were taken, and the feeling of the public and Council- men on these matters. I oppose the use of Minutes which include only actions. Reasons for past actions are often an important later aid to memory." The Motion was carried by a majority roll call vote: Ayes: Councilmen Benson, Davey, Fowle, Mayor Henley Noes: Aiken Absent: None MOTION: Councilman Benson moved, seconded by Councilman Fowle, to authorize the City Manager to expend funds, not to exceed Five Hundred Dollars ($500.00)3 for a tape recorder. SUBSTITUTE MOTION: Councilman Aiken moved that a tape recorder be acquired to record the Council Minutes in their entirety, not to exceed $500.00, and, that in the meantime, the Minutes continue to be presented as they have been. Substitute Motion was lost for lack of a second. Original Notion to purchase tape recorder was unanimously carried by the following roll call vote: Ayes: Councilmen Aiken, Benson, Davey, Fowle, Mayor Henley Noes: None Absent: None U -6- WATER DISTRICT APPROVAL AND BUILDING_ PERMITS: City Manager read Staff memo dated September 16, 1967 regarding Water District approval and building permits. MOTION: Councilman Fowle moved, Seconded by Councilman Davey, that the Staff be instructed not to issue any building permits until the water system is in and approved, and notification of approval has been received. Motion carried unanimously by voice vote. CONSIDERATION OF CHANGING ORDINANCE 069 TO DISALEXY4 SALE OF LOTS UNTIL FINAL SUBDIVISION APPROVAL:, City Manager requested this item be removed from the Agenda and that the Council consider his written memo on the subject dated :September 18, 1967. There was no objection from the Council. CONSIDERATION OF PLANNING COMMISSION'S RECOMMENDATION RE: SIGNING OF PATHS AND PATH BAN3iERS. C1 City Manager circulated photographs showing recommendations of the Planning / Commission for the barrier for trailways and non -vehicular pathways, on file at the Tcwm Hall. M(M'1G4e Councilman Davey moved, seconded by Councilman Aiken, that the Council accept the recommendations of the Planning Commission on signing of paths and path barriers. Motion was carried unanimously by voice vote. CONSIDERATION O PL'ANNING COMMISSION'S RECOMMENDATION RE:"PATH RULES h": JCi 1KLYSTES"t, YzOTION3 Councilman Davey moved, seconded by Councilman Benson, that the Council accept the "Path Rules and Courtesies" as rccommended by the Planning Commission. Motion wan carri_d unanimously by voice vote. *TANDSC.7PING OF 'ZKPRFSSY4AY PROJECTS TO INCLUDE PROVISION OF NON -VEHICULAR TRAFFIC: Councilman Eecacn, Los Altos Hills representative to the Santa Clara County . Transportatio:: Policy Committee, reported he attended a recent meeting and that he had subaitted an amendment prepared by Mrs. A. Ginzton on the above subject,,, which was accepted by the Transportation Policy Committee for further study, Subject amendment was read by City Manager. -7- STAFF REPORTS: City Attorney: 1) Requested that "Codification of Ordinances" be an iter:: of the October 2nd Agenda to review the recommendations received from the California Code Service. Staf£ was so instructed) City Engineer: 1) No further report. City Manager: 1) Submitted Expenditure Report for August, 1967. 2) Reviewed cost and savings in consolidating Town insurance coverage and requested the Council consider the renewal of the "Councilmanic Insurance" now expiring. MOTION: Councilman Aiken moved, seconded by Councilman Benson, that the "Councilmanic Insurance" be renewed since it is provided for in the Budget, which can be cancelled upon further review. Motion was carried by a majority roll call vote: Ayes: Councilmen Aiken, Benson, Fowle, Mayor Henley Noes: Davey Absent: None PRESENTATIONS FROM THE FLOOR: Presentations from the Floor were made by: Dr. M. Shibuya, 1605 Hollingsworth Drive, Mountain View, on the subject of the Staff denying him a building C, permit. Staff reported that the building permit will not be issued until all improvements are completely installed in the subdivision. Mr. T. Gamboa, owner of subdivision in question, spoke on the matter of improvements already installed. Letter from Purissima Hills •later County District dated Sept. 15, 1967 was read and the City Engineer was heard from. The Council deferred to the Staff recommendation and Mr. Gamboa was instructed to take this matter up with the Staff. RESOLUTIONS: NO. 610 Councilman Fowle introduced and read Resolution No. 410, a resolution of the City Council of the Town of Los Altos Hills memorializing Richard S. Dawson, WHEREAS, the Council of the Town of Los Altos Hills is deeply grieved by the untimely death of Richard S. Dawson, WHEREAS, Richard Dawson was one of the principal founders and was most influential in establishing the character and future quality of the Town, WHEREAS, Richard Dawson worked long and hard during the formative years of the Town, as Planning Commissioner, author of early ordinances, founder of the Los Altos Hills association, and numerous other citizens' activities, THEREFOR, BE IT RESOLVED, the Town Council does hereby express its condolences and sympathies to the family of Richard S. Dawson and a sincere hope that this Resolution will express to them the sentiments of the entire Town. �J 140TION: Councilman Fowle moved, seconded by Councilman Benson, that Resolution No. 410 be adopted as read. 10 RESOLUTION NU. 410 continued: V , Motion was unanimously carried by roll call vote: Ayes: Councilmen Aiken, Benson, Davey, Fowle, Mayor Henley Noes: None Absent: None ORDINANCES: NO. 128 - First Readings City Attorney introduced and read in its entirety Ordinance No. 128, an ordinance of the Town of Los Altos Hills amending Ordinance No. 8 of said Town by amending provisions thereof relating to sanitary sewer hookup. AMENDMENT: Councilman Aiken moved, seconded by Benson, that the phrase "including alternatives to such sanitary sewer" be added to Section 3. Amendment to Ordinance No. 128 carried unanimously by voice vote. The City Attorney read the title of Ordinance No. 128. MOTION: Councilman Fowle moved, seconded by Councilman Benson, that further reading of Ordinance He. 126 be waived. Motion was unanimously passed by roll call vote: Eyes: Councilmen Aiken, Benson, Davey, Fowle, Mayor Henley Noes: None Absent: None WARRANTS: MOTION: Councilman Fowle moved, seconded by Councilman Davey, that the bills as presented in the amount of TWO THOUSAND FOUR HUNDRED FIFTY DOLLARS and flight Cents .($2,450.08) be approved and the City Clerk authorized to draw the appropriate warrants. Motion was unanimously passed by roll call vote: Ayes: Councilmen Aiken, Benson, Davey, Fowle, Mayor Henley Noes: None Absent: None ADJOURNMaNT• The Mayor announced there being no further business the meeting will be adjourned to a litigation session and when reconvened, will be adjourned in memory of Richard S. Aawson,. MEETING ADJOURNED: 10:45 F. M.. NEXT REGULAR METING: Monday, October 2, 1967, at 7:45 P. M. at the Town Hall. Respectfully submitted, `1 JUANITA L. MORGAN `J City //Cller)k�, Town of Los Altos Hills 9/18./67 _g-. by F. -M. MunzellI,,'/